With the creation of AI applications like ChatGPT and other similar technological advancements, there is a sudden rise in litigants representing themselves. Self-represented litigants can now produce sophisticated-looking filings without having to purchase and invest in expensive products.
According to the New York Times, judges and opposing counsel alike are struggling with the impact of an increase in pro se litigation, together with volumes of filing, fueled by AI tools.
Representing oneself in legal proceedings is one of American law’s oldest rights. It is true that some people act pro se because they refuse to listen to attorneys. In the past, pro se litigants had to rely on templates, sometimes even in their own handwriting and whatever legal research they could do in law libraries or internet searches. Before ChatGPT many might have given up on their claims, regardless of their merits. Today, with technologies assistance, litigants can produce pages and pages of work product, offering options for motion practice that a pro se litigant might not have dreamed of otherwise.
Even when a pro se litigant pays nothing to create their filings, they have a cost. Judges, opposing parties, and court staff must handle them: docketing them, taking the appropriate actions, reviewing their arguments, and drafting responses. All this takes time and money for everyone involved, and those resources are wasted on filings that cite “AI hallucinations” or simply drag out the proceedings.
States, courts, and private parties are pushing back as they can. Some courts have issued standing orders governing the use of AI. The NYT points to the U.S. District Court for the Middle District of Georgia, which cautions pro se litigants that the court can sanction them for inaccurate filings or those that “harass, cause unnecessary delay, or needlessly increase the cost of litigation.” One judge in the Northern District of Ohio has an order forbidding AI use entirely in matters he oversees in federal court.
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